PUSHAP RAJ Vs. ANIL KUMAR

JUDGEMENT

(1.) This petition has been filed against the order 5/6/2015, passed by learned Sessions Judge, Mandi, in Cr. Revision Petition No.24/2014, titled as Pushap Raj vs. Anil Kumar and others, whereby Revision Petition preferred by the petitioner has been dismissed on the ground that it was not maintainable in view of provisions of Sec. 378(4) of the Code of Criminal Procedure (in short 'Cr.P.C.') by observing that against order/judgment of acquittal, Revision Petition is not maintainable but appeal shall lie.

(2.) Petitioner herein had filed a private complaint before the trial Magistrate, wherein trial Magistrate after recording preliminary evidence as provided under Sec. 200 of Cr.P.C. and thereafter, considering statement of the complainant and the witnesses, had dismissed the complaint under Sec. 203 of Cr.P.C. without issuing notice to the respondent/accused.

(3.) No cognizance of the commission of offence was ever taken by the trial Magistrate against the respondent as the complaint was dismissed at the stage of Sec. 203 Cr.P.C. Whereas, commencement of the proceedings before Magistrate against the respondent shall have to be after issuance of process under Sec. 204 Cr.P.C., on taking cognizance of commission of offence. As trial Magistrate, instead of taking cognizance and issuing process against respondents, has dismissed the complaint under Sec. 203 Cr.P.C., therefore, there is no acquittal of the respondent/accused in the complaint filed by the petitioner.